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tv   [untitled]    May 12, 2012 12:30pm-1:00pm PDT

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pulled this off, the police conditions. one way to prove something on the consent calendar, we approve it as is. in this case, i have an issue with the police conditions on c. i direct you to look at the last page and look at the conditions. what it says is conditional approval for the month of may and if no complaints from the area of residence or violations within that time, that extend for additional time. if someone is in violation of their permit, we have recourse here at this commission. i think this is tantamount almost to a denial with that
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grounds so that is why i pulled it off. any discussion, guys? >> has the ramp had sound -- outdoor sound problems in the past? >> not to my knowledge. >> anybody else? all right. is there public comment on a limited life for the ramp? seeing none, commissioners, i ask for a motion. >> i move to approve without the police department's conditions. >> i second. >> the second item i pulled off
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was and, let me see. i pulled it off also because of the police conditions. item #3, if you would look. it is next to the last on the police conditions. at any time the san francisco police department determines the continued use of the permit jeopardize public safety, the san francisco police department has the authority to void the use of such a permit. actually, the police department does not have that authority, we do. we cannot possibly have that condition. and then item four, applicant is responsible to maintain staffing to ensure safety and
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minimizing sfpd resources. they are not required to have a security plan. >> it is not required to have a security card. >> ok. those are the other reasons and also, i am not sure, correct me if i am wrong. advocates should be responsible for compliance with periodic checking with the venue at 250 feet. is that outdoor noise as opposed to indoor noise? this is an indoor permit. >> you're talking about section 47-2. that is a permit requirement for sound trucks and at or amplified -- outdoor amplified
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sound. >> this location has a large outdoor area. >> they can use that for limited -- [inaudible] they cannot, is an indoor permit. those of the reasons i pulled it off. any discussion? public comment? >> i live around the corner and i know they have had stuff outside. i know -- want to make sure they're not planning outside. i did not really care. it was really loud. >> is someone from wix here? could you come up, please. >> we're talking about amplified. >> amplified sound, yes. >> not everyone at home or the audience might understand, it
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is a permit for outdoor amplified sound. for example, someone called last week because they had a marching band that was on the sidewalk. a marching band does not use amplified sound but they were pretty loud. all the enough, that is not regulated and permitted. >> so, you understand this permit is for indoor? >> yes. >> you had no intention of using it were using this permit outside my is that correct? >> correct. we had a third floor balcony space. we will not be using it for amplified sound. >> ok. all right. >> can you identify yourself? >> i am k.c. from >> are there questions for the
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applicant? >> it was not amplified, it was loud music playing? >> it was not amplified. i wanted to make the point that -- >> as long as you understand amplified sound outside is a violation. any other questions? this permit and that 10:00 p.m. -- ends at 10:00 p.m.. any other comments about wix? mission station is here. do you want to talk about this? i did not see you back there. >> gary buckner, permit
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officer. thank you for having me. we offered no objection to the issuance of this permit. there is no legal basis for denying the permit. we'll look forward to working with them and they have been very cooperative in working with us so far. as relates to my issuance of the conditions, the -- thank you for bringing that to my attention. i was concerned about the patio area which is why i indicated that first condition. in the past, there has been definitely live entertainment venues out there on the patio. with regard to number three, i respectfully disagree with you in the sense that if there is a public safety issue, we can close the venue's down -- the venue down.
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the permit would not be removed or revoked. if there is an offense for that evening, we would shut the party or the event down for that evening. >> that is understandable. >> item number four, we would like to see proper staffing and labeled as security or guard- guarded security. we want to see the proper staffing at the door and management of their crowds when they expect to have crowds. that is pretty much it. >> thank you. anybody have questions? thank you very much. is there any other public comment? commissioners, can i have a motion? somebody, anybody?
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>> manna ask a question? -- may i ask a question? we are striking number one. >> we can attach it to the permit because it is misstated. >> removing one and three is the idea there? >> right. >> two stays, five stays, and four. >> i would like to move to grant this application with the conditions two, four, and five attached. >> i second that. >> commissioner prius, aye. commissioner tan, aye.
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commissioner joseph, aye. >> next permit. if i destroyer name, please forgive me. -- detroy youstroy your name, pe forgive me. subway on 5650 geary boulevard. >> you are probably familiar with subway. with locations between 20 and 21st avenues. the restaurant is open until 2:00 a.m. and this is an application for extended hours permit which would allow it to remain open between 2:00 a.m. and 6:00 a.m. the staff has received one letter protesting approval of the permit from a neighbor and business to doors down at 5638 concerned about noise, the
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garbage, drunkenness, and disorderly conduct. sfpd is proposing the application be approved with the condition of a security guard work between 10:00 p.m. and 3:00 a.m. thursday through sunday. i'm not sure -- it might be asking for a motion for continuance to allow the applicant to get additional information. the staff recommends approval of this permit. >> are you asking for continuance? -- a continuance? you do not have to. you can go forward. >> we will go for it. >> you want to tell us more and why you want to open between 2:00 a.m. and 6:00 a.m.? >> the cost of living in san francisco and the cost of doing business and capitalize on the extended hours. we have [unintelligible]
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for more of the local customers. we have 24 -- 1500 signatures that supported. we did get customer signatures. -- we have 1500 customers that supported it. we have been open for 30 years and there has not been an issue at the restaurant. >> do you have any questions, commissioners? >> do you have security? >> we have two gentlemen who work at night and we have not seen any shootings for the last two years or three years. i am not sure where the complaint came from. we were open until 2:00 a.m. and we were notified to do a permit and we are open until 2:00 a.m. >> your permit is to be open
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until 6:00 a.m.? >> yes. >> are any of them security? >> yes, it is hard to have a designated security person. >> the condition about having a security officer, could you supply that? are you troubled by that, what is your opinion? >> it would be a trouble to be a security person. we have an armed system and the security camera, everything you need to cooperate 24 hours. the restaurant, for the last 10 years, i have never had an operation -- incident. >> is a security plan required for extended hours?
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>> yes. >> thank you. richmond station is here. hi, captain. >> good evening, commissioners. i am the commanding officer of richmond station. to prepare for this hearing, i did extensive community outreach to the residence at the richmond district. i have advertised this hearing in my weekly newsletter. i have spoken about it in my monthly community meetings. i have spoken about it to my police community advisory board to inform them of this hearing and subway's intention to be open 24 hours. i have reached out to the geary merchant association and the planning association for the
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richmond district. so far, i have had no objections to the after-hours permit from the residence, through e-mail or phone calls. i have researched this service for the past two years, especially between the hours of 2:00 a.m. and 6:00 a.m. and there had been very few calls for service related to the subway establishment. the only call that we can say -- we can pinpoint to the subway was on trade 3, 2012. the manager was cited for not having an after-hours permit. that was the only call in the last two years between 2:00 a.m. and 6:00 a.m. we submitted our recommendation on april 5. we recommend approval of the extended hours permit. with the recommendation of that least one security guard with a guard card who should work
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thursday through sunday, three days and 15 hours. we believe these are the busiest days of the week in the richmond district. it is one we have the most nightlife. we do not have many after-hours eating establishments in richmond district. these are the days where are most likely to have some type of issue with public safety -- where we are most likely to have some type of issue with public safety. >> thank you very much, capt. any questions? >> would you shrink those hours down to midnight to 3:00 a.m.? the hours with the most inebriated patrons? >> yes, i think that would be fair and the owner suggested, he has got cameras and he is working with san francisco safe to and had some of the safety features.
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we're willing to entertain those ideas. >> commissioners, everybody else? thank you so much. i appreciate it. is there any public comment on subway? seeing none, public comment is closed. do you want to make a motion? commissioner hydodge: i would like to make a motion we grant this permit but the police recommendation instead of 10:00 a.m. to 3:00 a.m. a from 12 a.m. to 3:00 a.m. for a security guard. >> do have a motion and a second? we have a motion and a second. -- do we have a motion and a second? >> four votes to pass.
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it does nonot pass. is there another motion? >> i would like to move to approve without police conditions. there has not been at record as the applicant and the police have said about any incidents. they did not have an extended hours permit. if an incident does arise, we can address it at that point but at this time, i do not think it is necessary. it is a financial hardship for the owner. our brother assume they have been doing good work. and let that be. -- i would rather assume they have been doing good work. and let that be. >> we have a motion, do we have a second? >> i have a question. >> can you second and we can have a discussion?
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seconded is not voting on it. would you like to discuss it unless it is seconded? >> i will second for the sake of discussion. >> the concern is public safety. i am not sure if the staff being behind the counter will be trained enough to do that kind of safety issue. i am not sure if dedicated security for the staff is appropriate. >> i note the richmond does not have a lot of things like this. we just heard from jack in the box and they are completely ceqa -- separate. it is better safe than sorry. a limited amount of time would reduce the hardship and hopefully, they will be selling thousands of subs to make up the difference.
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>> i do not know. i am still of the opinion that there has not been an incident, they're not attracting the crowds, i guess they're assuming will be drawn there. the data does not show that. if the data showed there are people carrying guns or neighbors have been complaining, they brought 1500 signatures supporting it. that is a strong will and a strong business. >> to not argue one side of the other, just to state a fact. this will be one of very few late-night eating places in this particular area. when it was opened in the past, it does attract a fair amount of people coming through the door. you do have a lot of college kids of that age and demographic in the area drinking. the location has not had incidents like violence or along
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those lines but there are a lot of drugs people -- drunk people. we can say that jack in the box makes a large difference even for minor things. people urinating in the sidewalks in and around the location. people bringing cops into the restaurant. staff behind a desk or behind the counter, it is true, they're not in a place to do a lot of security. it is the commission's decision. those are some of the facts. >> i would remind the commission that you do have the option to bring the permit back to reconsider conditions at any time. if you decide to improve with security -- approve with security or not, you have the
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ability to change the condition in a reasonable amount of time. frack gathering, if you will. >>-- fact gathering, if you wil. >> if we could reach an agreement on a six month trial period. >> are you withdrawing the motion or are you amending the motion? >> there is a motion and second on the floor. we either vote on it as it stands or do you withdraw it? the second would have to withdraw or amend it and the second would have to agree. >> i will amend the motion to approve without police conditions for up to six months and they can come back if nothing happens. that is the time to reassess
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it, six months. >> the police conditions without. >> there is -- does the second degree? no. -- second agree? >> no. >> there is a motion and a second on the floor. >> the motion fails. another motion, somebody? >> i would like to move that we grant the permit with a security guard from to liam 3:00 a.m. for six months and have it for review in six months. -- 12 a.m. to 3:00 a.m. for six months and have it for review in six months.
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>> you stated earlier that you're not going to be able to be open during those hours with a security guard which is the point of having the permit. >> we have a security guard -- i am more than happy to go with it. to make sure it makes sense to be opened 24 hours. to have a security guard and be open 24 hours does not make sense. >> if an incident were to happen, do you have a plan on how to deal with that incident? >> we have a guard system and -- >> if something happened in the store. your behind the counter making a sandwich and something happened, what would you do? >> we have a hold up button.
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it calls the company and notifies the police. >> it is tied directly to the police. >> ok. what would they do? had the floor to protect themselves? what do you instruct your employees to do? -- hit the floor to protect themselves? what do you instruct your employees to do? >> we instruct them to get over what they have. the employees are not instructed to fight back. >> ok, great. thank you very much. there is a motion. >> the security guard will be required for three hours from 12:00 p.m. to 3:00 a.m. >> at some point i can bring
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the -- [unintelligible] to comply. and [unintelligible] it is not a huge amount of volume we do. subway is a 1000 square-foot restaurant. to have the id for -- it for three hours, it does not make sense. i have not checked the security but i know it might not make sense. in general having employees at the minimum wage, it is difficult enough, that is why we are open 24 hours, to be honest. >> my position here is one that deals with the community and its
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safety. that is why i am bringing up these concerns. >> i am secure -- concerned. you're saying you want to open 24 hours from 2:00 a.m. to 6:00 a.m. and your attract a crowd. you'd have to build a policy and legislation for that. security was required and mandatory. it is not the law, it is not policy. it is reactionary policy. i don't mean to hold a stomach. they were operating without a permit, but were 24 hours. i do not know why they suddenly need security when nothing has happened. we talked about checking the box. that was really controversial. it is a different case.
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>> customers have been coming, people that grew upper in the neighborhood. most of my employees have been there the last 15 years. vice chair joseph: we have a motion on the floor and a second. you can call the roll on it. you can withdraw your motion and we can try again another way. >> i will withdraw my motion. >> the second withdrawals as well. >> can we make the same motion again? i move to approve the permit for extended hours of subway, without the police commissions, -- police conditions, but with the condition that we come back in six months and review it again. >> i would like to make a
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friendly amendment to say that for one year -- we would review it in one year as well. six months and one year. >> that is friendly. >> we have a motion and a second. please call the roll. commissioner perez: aye. commissioner hyde: aye. vice chair joseph: aye, good luck. item f. >> this item was continued from the april 24 entertainment commission. it is a small bar in the tenderloin. this application include signatures of about 110 people in